- Period Covered: 11/01/1995 to 10/31/1996
MESSAGE NO: 7050113
DATE: 02 19 1997
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 357 - 405
A - 357 - 007
A - 351 - 809
A - 588 - 038
A - 588 - 813
A - 588 - 020
PERIOD COVERED:
11 01 1995
TO
10 31 1996
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, IMPORT OPERATIONS
RE: NON REVIEW/AUTOMATIC LIQUIDATION INSTRUCTIONS FOR
NOVEMBER, 1996
1.
THE DEPARTMENT
OF
COMMERCE
NO
LONGER AUTOMATICALLY
CONDUCTS ADMINISTRATIVE
REVIEWS
OF
ANTIDUMPING
DUTY
FINDINGS/ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN
ACCORDANCE WITH SECTION 353.22 OF THE COMMERCE REGULATIONS.
2.
THE DEPARTMENT OF COMMERCE HAS
NOT RECEIVED A
REQUEST FOR
AN ADMINISTRATIVE REVIEW
OF
THE
ANTIDUMPING
DUTY
FINDING/ORDER
FOR THE PERIODS AND ON
THE MERCHANDISE
LISTED BELOW,
EXCEPT
FOR
THE FIRMS NOTED.
THEREFORE, IN
ACCORDANCE WITH SECTION 353.22(e) OF THE COMMERCE DEPARTMENT
REGULATIONS,
YOU
ARE
TO
ASSESS
ANTIDUMPING
DUTIES ON
MERCHANDISE ENTERED,
OR
WITHDRAWN
FROM WAREHOUSE, FOR
CONSUMPTION AT
THE CASH DEPOSIT OR BONDING RATE IN EFFECT
ON THE DATE OF ENTRY SUMMARY.
BARBED WIRE AND BARBLESS FENCING WIRE
FROM ARGENTINA
PERIOD 11/01/95-10/31/96
A-357-405
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
STEEL WIRE RODS
FROM ARGENTINA
PERIOD 11/01/95-10/31/96
A-357-007
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
CIRCULAR WELDED NON-ALLOY STEEL PIPE
FROM BRAZIL
PERIOD 11/01/95-10/31/96
A-351-809
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
BICYCLE SPEEDOMETERS
FROM JAPAN
PERIOD 11/01/95-10/31/96
A-588-038
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
LIGHT SCATTERING INSTRUMENTS
FROM JAPAN
PERIOD 11/01/95-10/31/96
A-588-813
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
OTSUKA ELECTRONICS
TITANIUM SPONGE
FROM JAPAN
PERIOD 11/01/95-10/31/96
A-588-020
LIQUIDATE ALL ENTRIES FOR ALL FIRMS
3.
ENTRIES OF MERCHANDISE OF EXCEPTED FIRMS SHOULD NOT BE
LIQUIDATED UNTIL YOU RECEIVE SPECIFIC INSTRUCTIONS AFTER THE
COMPLETION OF
THE ADMINISTRATIVE
REVIEW,
CONTINUE
TO
SUSPEND
LIQUIDATION
OF
ALL ENTRIES OF MERCHANDISE
EXPORTED OR PRODUCED BY
THE LISTED FIRMS AND ENTERED,
OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING
THIS
PERIOD.
4.
THESE INSTRUCTIONS CONSTITUTES THE
IMMEDIATE LIFTING
OF
SUSPENSION OF LIQUIDATION OF ENTRY SUMMARIES FOR THE
MERCHANDISE AND PERIODS LISTED ABOVE.
YOU SHALL CONTINUE TO
COLLECT CASH DEPOSITS OF ESTIMATED ANTIDUMPING DUTIES FOR
THE MERCHANDISE AT THE CURRENT RATES.
5.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY
THE CUSTOMS SERVICE
ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO
THE PROVISIONS
OF SECTION 778
OF
THE TARIFF ACT
OF 1930.
SECTION 778
REQUIRES THAT CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR
ASSESS INTEREST
ON UNDERPAYMENTS, OF
THE
REQUIRED AMOUNTS
DEPOSITED AS
ESTIMATED ANTIDUMPING DUTIES PRIOR
TO
THE
DATE
OF
THE ANTIDUMPING DUTY ORDER.
THE INTEREST
PROVISIONS ARE
NOT APPLICABLE TO CASH
OR BONDS POSTED AS
ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION
OF THE ANTIDUMPING DUTY ORDER.
INTEREST SHALL BE CALCULATED
FROM
THE
DATE PAYMENT OF ESTIMATED ANTIDUMPING DUTIES
IS
REQUIRED
THROUGH
THE DATE OF LIQUIDATION.
THE RATE
AT WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT
UNDER SECTION 6621 OF
THE INTERNAL
REVENUE CODE
OF
1954 FOR SUCH PERIOD.
6.
UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD
REQUIRE THAT THE
IMPORTER PROVIDE A REIMBURSEMENT STATEMENT
DESCRIBED IN
SECTION 353.26 OF
THE COMMERCE DEPARTMENT
REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY SUMMARY.
IF THE
IMPORTER HAS BEEN REIMBURSED ANTIDUMPING DUTIES, CUSTOMS
SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE
ABOVE-REFERENCED REGULATION.
ADDITIONALLY, IF THE IMPORTER
FAILS TO RESPOND TO
YOUR FORMAL REQUEST (VIA CF
28
OR 29)
FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATIONS,
CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE
THE
ANTIDUMPING DUTIES
DUE.
7.
IF
THERE
ARE
ANY QUESTIONS REGARDING THIS MATTER
BY
CUSTOMS OFFICERS
PLEASE
CONTACT
VIA
E-MAIL,
THROUGH
THE APPROPRIATE SUPERVISORY CHANNELS, IMPORT OPERATIONS,
ANTIDUMPING/COUNTERVAILING DUTY USING
ATTRIBUTE "HQ OAB."
THE IMPORTING PUBLIC AND
OTHER INTERESTED PARTIES SHOULD CONTACT
THE ANALYST IN CHARGE OF
THE CASE ON (202) 482-4737, OFFICE OF
AD/CVD ENFORCEMENT,
INTERNATIONAL
TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATON.
PAUL SCHWARTZ
(ACTING)